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Woman says sandwich left her unable to speak; sues Jimmy John’s for $75,000

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WEST MICHIGAN - A woman suing Jimmy John's for $75,000 says a mistake on her sandwich left her disabled and unable to talk above a whisper.

"I go to the grocery store and I can’t even ask a question without having people go, 'What’s wrong with you?'" said Lindsey Bresnahan, who hasn't been back to work since the incident in June.

Bresnahan says she's severely allergic to Dijon mustard. She told FOX 17 she ordered a "Billy Club" sandwich from the Jimmy John's on Alpine Avenue in Grand Rapids, a sandwich that comes with Dijon mustard and mayonnaise. Her attorney, Wolf Mueller at Mueller Law, says she specifically asked for the sandwich without the mustard.

"She called in the order and says specifically, 'No Dijon Mustard, no mayo,'" said Mueller. "The Dijon mustard because of the allergies specifically, the mayo,because she doesn’t like condiments."

But Bresnahan claims the sub came with mustard and she didn't notice until she took the first bite.

"My throat started swelling and I could feel it instantly," said Bresnahan. "I started coughing, my eyes watering."

Court documents allege she was coughing violently and also vomiting frequently. The suit claims that reaction put her on disability and she's been unable to work since June because she can barely talk.

"Doctors at this point say, if it comes back it will be about a year... if it comes back," said Mueller. "So we sued Jimmy John's, alleging that they were negligent, which clearly they were, because they had a specific order for Dijon mustard and messed up the order."

When asked about the allegations, Jimmy John's declined to make a comment. The $75,000 lawsuit was filed October 21st. Litigation is expected to move forward in January.

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6 comments

  • Michael

    While I understand you should get the order the way you ask for it you have to realize you are ordering from a fast food joint full of teenagers. My special orders get messed up all the time.

    If you have a severe allergy check your food before biting into it. Why would you trust you life to a teenager?

  • Elyssa

    I understand her heartache and frustration, every one looks at you like “What’s wrong with you?” She deserves every dime. Let’s be honest, anyone who thinks she is a “Drama Queen” or thinks she is only in it for the money, would like the 75,000 for themselves. Wolf Mueller did a exceptional job.

  • Brian Graff

    When a crosswalk says “Walk”, I still look both ways. Why? Because a moving vehicle can kill me and that light has no control over the cars. Seems like the same logic should apply to what you might eat. I fail to see how Jimmy John’s is liable. Mistakes happen. My s/o doesnt eat meat, but our special orders “minus bacon” come with bacon OFTEN. Sure it’s frustrating, but she looks at the food before she eats it, so it’s been little more than an inconvenience.